Public Health and Wellbeing Amendment Act 2022 (Vic)
Public Health and Wellbeing Amendment Act 2022
No. 15 of 2022
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
3Principal Act
Part 2—Amendment of Public Health and Wellbeing Act 2008
Division 1—General amendments
4Definitions
5Registration of prescribed accommodation
6New section 67A inserted
7Provisions applying in respect of registration
8Powers of a Council in respect of registration
9Notification by a pathology service of a notifiable condition
10Closure of court or tribunal
11Blood donations
12Tissue donations
13Liability of donors
14New section 188A inserted
15Nuisances, prescribed accommodation and registered premises
16Management and control of infectious disease, micro-organisms and medical conditions
17Transitional provisions for blood and tissue donations
18New section 248F inserted
19Schedule amended
Division 2—Miscellaneous amendments
20Secretary body corporate
21Chief Health Officer may make examination and testing order relating to infectious disease
22Governor in Council may declare infectious diseases and micro-organism to be notifiable
23Orders for tests if incident has occurred
24New section 227AA inserted
25New section 248E inserted
Part 3—Consequential amendment of Livestock Disease Control Act 1994
26Possession or administration of exotic disease agents
Part 4—Repeal of this Act
27Repeal of this Act
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Endnotes
1 General information
Public Health and Wellbeing Amendment Act 2022
No. 15 of 2022
[Assented to 12 April 2022]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The purposes of this Act are—
(a)to amend the Public Health and Wellbeing Act 2008—
(i)to provide a statutory immunity for certain officers; and
(ii)to change the registration of prescribed accommodation for lower risk prescribed accommodation and include accommodation related to labour hire arrangements; and
(iii)to omit references to HIV and Hepatitis C; and
(iv)to expand the circumstances in which the Chief Health Officer may make an examination and testing order; and
(v)to expand data collection and further analysis powers; and
(vi)to provide for other miscellaneous matters; and
(b)to make consequential amendments to the Livestock Disease Control Act 1994.
2Commencement
(1)This Part and Division 2 of Part 2 come into operation on the day after the day on which this Act receives the Royal Assent.
(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3)If a provision of this Act referred to in subsection (2) does not come into operation before 15 February 2023, it comes into operation on that day.
3Principal Act
In this Act, the Public Health and Wellbeing Act 2008 is called the Principal Act.
Part 2—Amendment of Public Health and Wellbeing Act 2008
Division 1—General amendments
4Definitions
In section 3(1) of the Principal Act—
(a)in the definition of Department omit "and Human Services";
(b)insert the following definitions—
"labour hire arrangement means an arrangement between a provider within the meaning of section 3 of the Labour Hire Licensing Act 2018 and a worker for the provision of labour hire services referred to in sections 7 and 8 of that Act;
lower risk prescribed accommodation means prescribed accommodation that is prescribed as lower risk;
worker, in relation to a labour hire arrangement, has the same meaning as in section 3 of the Labour Hire Licensing Act 2018;";
(c)the definition of HIV is repealed;
(d)the definition of laboratory service is repealed;
(e)after paragraph (c) of the definition of prescribed accommodation insert—
"(d)any accommodation provided to a worker under, or in connection with, a labour hire arrangement with that worker, whether or not that worker pays for the accommodation;";
(f)for paragraph (a) of the definition of proprietor substitute—
"(a)accommodation referred to in paragraphs (a), (b) and (c) of the definition of prescribed accommodation, means the person providing the prescribed accommodation;
(ab)accommodation referred to in paragraph (d) of the definition of prescribed accommodation, means—
(i)the person providing the accommodation to a worker under, or in connection with, a labour hire arrangement with that worker; or
(ii)if a person referred to in subparagraph (i) cannot be identified and located, a person who has leased, rented or legally occupied the premises from which the worker is provided accommodation; or
(iii)if a person referred to in subparagraphs (i) and (ii) cannot be identified and located, the owner of the premises from which the worker is provided accommodation—
whether or not the person receives rent or a fee from the worker or under, or in connection with, a labour hire arrangement;";
(g)paragraphs (a) and (b) of the definition of specified infectious disease are repealed.
5Registration of prescribed accommodation
In section 67 of the Principal Act, after "prescribed accommodation" insert ", other than lower risk prescribed accommodation,".
6New section 67A inserted
After section 67 of the Principal Act insert—
67ARegistration of lower risk prescribed accommodation"
The proprietor of lower risk prescribed accommodation, in accordance with Division 4, must register, on an ongoing basis, that accommodation with the Council in whose municipal district the lower risk prescribed accommodation is located.
Penalty:In the case of a natural person, 60 penalty units;
In the case of a body corporate, 300 penalty units.".
7Provisions applying in respect of registration
After section 74(3) of the Principal Act insert—
"(3A)In addition to subsection (3), a registration may be issued, transferred or renewed on an ongoing basis in respect of lower risk prescribed accommodation.".
8Powers of a Council in respect of registration
After section 76(2)(ab) of the Principal Act insert—
"(ac)in the case of prescribed accommodation that is registered as lower risk prescribed accommodation, if that accommodation is no longer lower risk prescribed accommodation;".
9Notification by a pathology service of a notifiable condition
For section 128(1)(c) of the Principal Act substitute—
"(c)the test relates to a notifiable condition.".
10Closure of court or tribunal
In section 133(1)(a) of the Principal Act, for "HIV or any other" substitute "a".
11Blood donations
In section 151(1) of the Principal Act—
(a)in paragraph (a)(i) omit "HIV, Hepatitis C or";
(b)in paragraph (a)(ii) omit "HIV, Hepatitis C or";
(c)in paragraph (b) omit "HIV, Hepatitis C or".
12Tissue donations
In section 152(1) of the Principal Act—
(a)in paragraph (a)(i) omit "HIV, Hepatitis C or";
(b)in paragraph (a)(ii) omit "HIV, Hepatitis C or";
(c)in paragraph (b)(i) omit "HIV, Hepatitis C or";
(d)in paragraph (b)(ii) omit "HIV, Hepatitis C or";
(e)in paragraph (c) omit "HIV, Hepatitis C or".
13Liability of donors
In section 154(1) of the Principal Act omit "HIV, Hepatitis C or".
14New section 188A inserted
After section 188 of the Principal Act insert—
"188A Chief Health Officer may request transfer and further analysis of sample or isolate
(1)If the Chief Health Officer believes it is necessary for the investigation of whether there is a risk to public health, or for the management or control of a risk to public health, the Chief Health Officer may, by writing, request a person to do any of the following—
(a)conduct further analysis of a sample or isolate;
(b)transfer a sample or isolate to a laboratory specified in the written request for further analysis;
(c)notify the Chief Health Officer of the results of the requested analysis;
(d)report any information in relation to the requested analysis in accordance with any reporting requirements specified in the written request.
(2)A person may refuse to comply with a request under subsection (1).
(3)The Chief Health Officer must at the time of making a request under subsection (1) advise the person that the person may refuse to comply with the request.".
15Nuisances, prescribed accommodation and registered premises
After section 235(b)(i) of the Principal Act insert—
"(ia)accommodation that is lower risk prescribed accommodation;
(ib)criteria that determines whether accommodation is lower risk prescribed accommodation;".
16Management and control of infectious disease, micro-organisms and medical conditions
In section 238(1) of the Principal Act—
(a)for paragraph (q) substitute—
"(q)matters relating to laboratory services (including a laboratory service within the meaning of section 130(9)) or pathology services—
(i)forwarding a prescribed class of samples, isolates and prescribed information to a person providing a laboratory service (including a laboratory service within the meaning of section 130(9)) or pathology service for the purposes of this Act; or
(ii)undertaking further analysis for the purposes of this Act;";
(b)for paragraph (r) substitute—
"(r)matters relating to the provision of prescribed information to the Secretary by laboratory services (including a laboratory service within the meaning of section 130(9)) or pathology services;".
17Transitional provisions for blood and tissue donations
After section 244(9) of the Principal Act insert—
"(10)In this section—
HIV means the human immuno-deficiency virus which is a causative agent of the acquired immune deficiency syndrome and other related conditions.".
18New section 248F inserted
At the end of Part 12 of the Principal Act insert—
"248F Transitional provision—Public Health and Wellbeing Amendment Act 2022
(1)In this section—
commencement day means the day on which section 10 of the Public Health and Wellbeing Amendment Act 2022 comes into operation.
(2)Section 133, as in force immediately before the commencement day, continues to apply on and after that day to a proceeding—
(a)to which that section applied immediately before the commencement day; and
(b)that was commenced but not completed before the commencement day.".
19Schedule amended
(1)In item 1 in Table 1 in the Schedule to the Principal Act—
(a)in Column 2—
(i)omit "HIV, Hepatitis C or";
(ii)omit "(as the case may be)";
(b)in Column 3—
(i)omit "HIV, Hepatitis C or";
(ii)omit "(as the case may be)".
(2)In item 2 in Table 1 in the Schedule to the Principal Act—
(a)in Column 2—
(i)omit "HIV, Hepatitis C or" (where twice occurring);
(ii)omit "(as the case may be)" (where twice occurring);
(b)in Column 3—
(i)omit "HIV, Hepatitis C or";
(ii)omit "(as the case may be)".
(3)In Column 3 of item 3 in Table 1 in the Schedule to the Principal Act—
(a)omit "HIV, Hepatitis C or";
(b)omit "(as the case may be)".
(4)In item 1 in Table 2 in the Schedule to the Principal Act—
(a)in Column 2—
(i)omit "HIV, Hepatitis C or" (wherever occurring);
(ii)omit "(as the case may be)" (wherever occurring);
(b)in Column 3—
(i)omit "HIV, Hepatitis C or" (where twice occurring);
(ii)omit "(as the case may be)" (where twice occurring).
Division 2—Miscellaneous amendments
20Secretary body corporate
In section 16(1) of the Principal Act omit "and Human Services".
21Chief Health Officer may make examination and testing order relating to infectious disease
(1)For section 113(1)(d) of the Principal Act substitute—
"(d)the making of an order under this section is necessary to ascertain either (or both) of the following—
(i)whether the person has the infectious disease;
(ii)the likelihood that a person with the infectious disease may transmit that disease; and".
(2)In section 113(3)(b) of the Principal Act, after "disease" insert ", or if the person is known to have an infectious disease, the likelihood of transmission of that disease".
22Governor in Council may declare infectious diseases and micro-organism to be notifiable
Section 126(3), (4), (5) and (6) of the Principal Act are repealed.
23Orders for tests if incident has occurred
In section 134(10) of the Principal Act—
(a)in paragraph (d)—
(i)for "Australia or" substitute "Australia,";
(ii)for "Australia;" substitute "Australia or the Paramedicine Board of Australia;";
(b)for paragraph (e) substitute—
"(e)a person registered under the Health Practitioner Regulation National Law to practise in the paramedicine profession as a paramedic (other than as a student);".
24New section 227AA inserted
After section 227 of the Principal Act insert—
"227AA Immunity
(1)The Chief Health Officer, a delegate of the Chief Health Officer, an authorised officer appointed under section 30(1) or a Detention Appeals Officer is not personally liable for anything done or omitted to be done in good faith—
(a)in the exercise of a power or the discharge of a duty under this Act or the regulations; and
(b)in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under this Act or the regulations.
(2)Any liability resulting from an act or omission that would but for subsection (1) attach to the Chief Health Officer, a delegate of the Chief Health Officer, an authorised officer appointed under section 30(1) or a Detention Appeals Officer attaches instead to the Crown.
(3)This section does not apply to anything done or omitted to be done to which section 165CU applies by a person to whom section 165CU applies.".
25New section 248E inserted
After section 248D of the Principal Act insert—
"248E Transitional provision—Public Health and Wellbeing Amendment Act 2022
Section 227AA does not apply to any proceeding commenced, but not concluded, before the day on which that section comes into operation.".
Part 3—Consequential amendment of Livestock Disease Control Act 1994
26Possession or administration of exotic disease agents
After section 39(2) of the Livestock Disease Control Act 1994 insert—
"(2A)Subsection (1) does not apply to a person who is acting in accordance with—
(a)a direction of the Chief Health Officer within the meaning of section 3(1) of the Public Health and Wellbeing Act 2008 given under that Act; or
(b)a request made by the Chief Health Officer under section 188A of that Act.".
Part 4—Repeal of this Act
27Repeal of this Act
This Act is repealed on 15 February 2024.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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Endnotes
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 9 February 2022
Legislative Council: 24 February 2022
The long title for the Bill for this Act was "A Bill for an Act to amend the Public Health and Wellbeing Act 2008 and the Livestock Disease Control Act 1994 and for other purposes."
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